Infrastructure projects in Poland face significant challenges thanks to the legal framework in force and the difficulties in its application. Obstacles to land acquisition, drawn-out proceedings for the expropriation or division of land, extended administrative procedures and a lack of transparency in the decision-making process are the main reasons listed by investors for low investment efficiency. Therefore, the prospect of Poland and Ukraine hosting the 2012 European Football Championships meant not only that Poland was able to undertake a tremendous construction programme to create sport and other public infrastructures, but also that it would need to adapt its legislation to enable these developments.
The Public-Private Partnership Act of 2005, which provides the legal framework for many Polish infrastructure projects, is commonly considered as too rigorous and, in some cases, impossible to apply because of the lack of necessary implementing regulations. Other factors magnify the legal obstacles in this field. Apart from the often cited, but rapidly improving, problems in securing financing from European funds, a degree of mistrust seems to remain between the public and private sectors. This undoubtedly affects the effective application of legal regulations, especially regarding protective measures during public tender proceedings, which in turn lead to potential delays in the awarding of contracts.
